Fundamental Rules of Pleading | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• When a disagreement emerges between two individuals, it is best to resolve it without resorting to legal action. Courts operate systematically, involving lawyers and judges within a structured framework. The legal process is intricate, with various formalities and obligations that individuals must meet before approaching a court of law, with pleading being one such formality. In this article, we will delve into the essential principles of pleading in depth.
• In criminal disputes, the police conduct investigations and present the First Information Report (FIR) to the court to initiate proceedings. Conversely, in civil disputes, advocates on both sides must craft their arguments based on the case's facts and present them in court for further proceedings. While criminal cases also involve arguments and pleadings, initial paperwork is typically handled by the police, with advocates advancing to establish evidence and defend their client's innocence or injury. In civil cases, pleadings are more comprehensive, with advocates responsible for all preparatory work. Pleadings encompass the arguments and evidence that advocates present in a civil case, meticulously prepared in advance to ensure all critical points are addressed during presentation.

Pleadings

• The foundation of every civil lawsuit revolves around pleadings, which essentially represent the articulated contentions of the involved parties in a written format.
• Pleadings serve as the platform where each party presents their claims, defenses, or refutations supported by valid reasons and evidence, ensuring clarity and precision.
• In a civil case, the primary actors are the plaintiff, who initiates the legal action through a plaint/complaint, and the defendant, who responds with a written statement.
• The plaint outlines the cause of action or the disputed issues, while the written statement details the defenses and counterarguments.
• Various legal documents like petitions, motions, rejoinders, and memorandums are encompassed within the realm of pleadings.
• India adheres to an adversarial legal system where two opposing parties engage in a legal dispute—one asserting a claim and the other contesting it.
• Legal proceedings only advance upon the submission of comprehensive pleadings from both parties, accompanied by relevant documentary evidence.

History of Pleading

• The roots of our current procedural laws can be traced back to ancient times, particularly to England during the era of Edward II.
• In ancient Indian societies, before British influence, legal pleadings were conducted orally in front of kings by knowledgeable individuals such as pandits and maulvis for Hindu and Muslim laws respectively.
• With the introduction of British laws, the jury system gained prominence, reducing the king's role to moderating oral arguments before the jury.
• Historically, judges were stringent, limiting parties to one claim for the plaintiff and one defense for the defendant. This changed during Queen Victoria's reign, allowing multiple issues to be raised.
• Over time, oral arguments transitioned to written form, recorded by court officers on parchment rolls, later replaced by paper prints during Edward IV's time.
• The Judicature Act of 1873 in England brought significant reforms to pleading, influencing similar laws in India, where the Code of Civil Procedure, 1908, governs civil suit pleadings.

Objective of Pleadings

• Informing the other party about a lawsuit in advance to prevent surprises.
• Assisting the court in identifying the key issues between the involved parties.
• Minimizing costs and time delays in legal proceedings.

The main goal of the pleading process is to focus on essential issues for adjudication, preventing the introduction of irrelevant matters that could prolong court proceedings. Pleadings not only benefit the parties involved but also aid the court in delineating the core matters to be addressed. Without court approval, parties are restricted from introducing new issues beyond those outlined in the pleadings.

Fundamental Rules of Pleading

• Every pleading should focus on stating the essential facts that support the case (known as facta probanda). It is crucial to avoid including unnecessary details. These facts will be legally validated by the court.
• Pleadings should present facts rather than laws. While legal questions do not need to be pleaded, factual questions must be explicitly stated. In cases where facts and laws are intertwined, they should be distinctly mentioned.
• Pleadings should not include evidence for the presented facts. Evidence is only introduced after the issues (facta probantia) are defined. It is important to strictly present material facts that are essential for proving a case during a trial.
• All material facts must be articulated concisely. Clarity and specificity are key aspects. Each fact should be clearly stated in separate paragraphs with numerical ordering. Dates, figures, and amounts should be written both in digits and words.

It is important to note that Indian courts do not consider foreign laws. Hence, foreign laws should be presented as facts rather than laws. Conditions that are crucial for the case should be explicitly mentioned in the pleading. Customs and trade practices should also be detailed as facts. Customs recognized repeatedly by courts hold legal weight and do not need constant repetition.

Specific facts related to negligence, rights, liabilities, wrongful acts, and unlawful actions must be clearly pleaded. When dealing with document-related matters, only the document's impact should be stated unless specific parts are relevant. Matters of inducement, such as the background of involved parties, can be mentioned in pleadings even if they are not material facts.

Regarding contracts, a mere denial of a contract is insufficient. Denials of contract facts and legal inadequacies must be explicitly addressed.

General Points

• The names and places should be consistently spelled correctly throughout the pleading. Avoid using pronouns to prevent confusion. Refer to parties as 'plaintiff' and 'defendant'. If multiple parties are involved, include their names and sides.
• Present all facts boldly and refrain from using personal language. Avoid using complex sentences and unnecessary repetitions. Treat notices as facts unless they are directly material.
• Implied contracts and relations should be stated as facts without elaborate details. These relationships may be established through various means like letters or emails.
• Pleadings must be signed by the party and their advocate, with verification also required. In cases involving companies, the secretary or principal officer is responsible for signing and verification.
• A person can rely on multiple rights, and a defendant can assert more than one defense. Pleadings can be amended in accordance with Order 6 Rule 17 of the Code of Civil Procedure.